SHAHIDA BEEVI Vs. SALEEM

JUDGEMENT

(1.) THE suit was filed to set aside a sale deed and a settlement deed. The suit was surprisingly supported by an application for condonation of delay. This was filed on the basis that there was delay in filing the suit to set aside the two deeds. The court below has by the order impugned dismissed I.A.No.1826/10 filed to condone the delay. Resultantly the plaint has been returned to the plaintiffs.

(2.) THERE is no necessity to file an application to condone the delay in filing the suit. The question whether the plaint claim has become barred or not is to be considered in the suit. That will be one of the cardinal issues to be answered along with the other issues. The suit cannot be refused to be numbered merely because the relief is allegedly barred.